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Author: Oblon Spivak LLP Publisher: ISBN: 9781402420207 Category : Patent laws and legislation Languages : en Pages : 0
Book Description
The America Invents Act created the Patent Trial and Appeal Board which is akin to the Board of Patent Appeals and Interferences and which will preside over various new proceedings designed to provide parties with a more effective venue in which to litigate patent validity. The most commonly used procedure will be inter partes review, which effectively replaces inter partes reexamination as of September 16, 2012. Other post-grant proceeding include Post-Grant Review and the Transitional Program for Covered Business Method Patents. Post-Grant Proceedings Before the Patent Trial and Appeal Board guides readers through the process of initiating a post-grant proceeding, taking discovery, seeking sanctions, proposing and opposing claim amendments, effectively advocating at the oral hearing, appealing to the Federal Circuit, and handling a wide array of issues involving co-pending district court litigation. Updated at least once a year, Post-Grant Proceedings Before the Patent Trial and Appeal Board is a comprehensive and indispensable resource for anyone involved in a proceeding before the Patent Trial and Appeal Board.
Author: Mark Simon Davies Publisher: ISBN: 9780769868493 Category : Appellate procedure Languages : en Pages : 297
Book Description
The need for a legal "Elements of Style" aimed at U.S. patent litigators has long been acknowledged by patent law attorneys and judges within the Federal Circuit. The United States Court of Appeals for the Federal Circuit has recently embarked on a campaign to improve the quality of briefing. With Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit, Mark Davies has provided attorneys with an indispensable guide to briefing and arguing cases before the Federal Circuit. Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit is a practical guide to appellate advocacy for patent attorneys appearing before the federal appellate court responsible for patent law. The book guides readers through the organizational requirements needed for a Federal Circuit appellate brief, as set out in the Federal Rules of Appellate Procedure, with an emphasis on developing an appellate style for briefing a patent appeal. It is an essential manual of instruction for litigators and anyone interested in understanding the procedures of writing a winning appellate brief and presenting it in court. Topics include clear writing, the importance of presentation, the types of arguments most likely to succeed, and the formal requirements for filing a brief. Other issues include effective oral argument presentation and petitions for panel rehearing and rehearing en banc. Samples (all written by the author) are included.
Author: Mark Simon Davies Publisher: Oxford University Press, USA ISBN: 9780195374223 Category : Appellate procedure Languages : en Pages : 0
Book Description
This book guides IP lawyers through the organizational requirements for an appellate brief set out in the Federal Rules of Appellate Procedure 28(a). Although the book focuses on the Federal Circuit, other appellate courts are also covered (with particular focus on the Ninth Circuit and Second Circuit). The structure of this book follows the organizational requirements for an appellate brief with an emphasis on informal expectations and special challenges presented by a patent appeal. Each chapter contains general advice on how to prepare the section, a sample or two (principally from briefs filed by the author), and comments on the section designed to reinforce the general advice. Similar chapters address issues distinctive to the answering and reply briefs. The balance of the book addresses post-briefing issues, including effective oral argument presentation; petitions for panel rehearing and rehearing en banc; a chapter on cert. petitions; and the pros and cons of hiring appellate co-counsel. Throughout, the focus is on applying general appellate advice to the unique context of patent appeals.
Author: United States. Patent Office Publisher: ISBN: Category : Copyright Languages : en Pages : 744
Book Description
"Compiled from Official gazette. Beginning with 1876, the volumes have included also decisions of United States courts, decisions of Secretary of Interior, opinions of Attorney-General, and important decisions of state courts in relation to patents, trade-marks, etc. 1869-94, not in Congressional set." Checklist of U. S. public documents, 1789-1909, p. 530.